EVANS, Circuit Judge (after stating the facts as above).
Appellant attacks the order appealed from on two grounds: First, because the court was without jurisdiction. Second, because the court's construction of the union's constitution and by-laws was erroneous.
Objection to the court's jurisdiction was predicated upon the alleged failure of plaintiff to show the amount in controversy exceeded $3,000. It was also contended that the necessary diversity of citizenship of the parties was lacking.
The record does not support appellant in either contention. The necessary diversity of citizenship depended upon the citizenship status of one Seth R. Brown, a party defendant. He testified:
"I have lived in Indianapolis since the 1st day of November, 1924." (Suit was brought the 8th day of December, 1926.) "My home preceding that time was for about 14 years in Los Angeles. My home now is in Indianapolis. I am here by virtue of the law of the International Typographical Union. I must make my official residence in Indiana. I have not voted here. My family is here. I did not come here to make my home here or with the intention of remaining here. I came for just a temporary residence for the purpose of carrying on my duties as an officer of the union. My entire family lives in Indianapolis. I keep house here, and this is the only home I have. I consider that this is my residence and home now, although I am not sure whether I am going to maintain it as my home after my term of office has expired. It is the only home I have at this time. At the expiration of my term of office, I may like Indianapolis so well I will stay here."
Upon this evidence, the trial court was justified in finding Brown a citizen of Indiana.
A finding that the amount in controversy exceeded $3,000 is supported by the fact that the old age pension is worth $416 annually, while the value of the right to be admitted to the Union Printers' Home is substantial. Likewise, the right to vote for officers of the union and to protect a member's interest in the $5,000,000 of liquid assets are factors of consequence. Nixon v. Herndon, 273 U. S. 536, 47 S. Ct. 446, 71 L. Ed. 759; Giles v. Harris, 189 U. S. 475, 23 S. Ct. 639, 47 L. Ed. 909; Wiley v. Sinkler, 179 U. S. 58, 21 S. Ct. 17, 45 L. Ed. 84.
In view of what has been said by this court in Operator's Piano Co. v. First Wisconsin Trust Co. (C. C. A.) 283 F. 904, and in Central Commercial Co. v. Jones-Dusenbery Co. (C. C. A.) 251 F. 13, further discussion seems unnecessary. The court was justified in accepting plaintiff's allegation that the amount in controversy exceeded $3,000.
This brings us to appellant's second contention, to dispose of which it becomes necessary to study the various provisions of the union's constitution. Sections which are deemed pertinent are herewith quoted.
"Article II. — Laws.
"Section 1. The International Typographical Union may enact and enforce laws for its government and that of subordinate unions and members thereof throughout its jurisdiction.
"Section 2. The laws of the International Typographical Union shall be comprised in:
"(a) The Constitution, which shall contain the outline, fundamental principles and policies of the organization, the jurisdiction of the International Typographical Union and local unions, the list of officers and their general duties and salaries, and all matters pertaining to the raising of revenue.
"(b) The by-laws, which shall contain laws relating to the qualification and election of officers and their specific duties, the election of delegates, and the auditing of International accounts.
"(c) The general laws, which shall contain all matters pertaining to the relations of members and local unions to each other, and to employers and others outside the jurisdiction of the union.
"(d) The convention laws, which shall contain all laws, rules of order, committees, etc., relative to the convention and its deliberations.
"(e) Laws instituting and relating to a system of benefits and laws providing for the care of invalid and aged and infirm members in good standing.
"Section 3. The Constitution shall only be amended by referendum vote, in the manner hereinafter set forth.
"Section 4. By-laws and general laws may be enacted by the conventions of the International Typographical Union, but shall in nowise conflict with the Constitution, or any part thereof."
"Article III. — Conventions.
"Section 1. The conventions of the International Typographical Union shall be held annually on the second Monday in August at such place as the delegates in convention assembled may designate. All the arrangements for the same to be made by and at the expense of the International Typographical Union; provided, the convention for the year 1926 shall be held on the second Monday in September."
"Article VI. — Duties of Officers.
"The Executive Council.
"Section 7. There shall be an executive council, consisting of the president, the first vice president, the second vice president, the third vice president and the secretary treasurer, which body shall have general supervision of the business of the International Union and of subordinate unions. Whenever any business concerning the Typographia is to be considered, the fourth vice president shall also be considered as a member of the executive council."
"Article XI. — Appeals.
"Section 1. All appeals from the decision of a subordinate union shall be submitted, in written or printed form only, to the executive council of the International Typographical Union (one copy of complete papers to be furnished the executive council; both appellant and respondent must retain complete copies to be used in case of appeals to convention), and decision rendered by that body, except in cases where allied crafts are organized as trade district unions. Should either party feel aggrieved at the decision of the executive council, he shall have the right of appeal, in printed form only, to the succeeding convention of the International Typographical Union, which judgment shall be final.
"Section 2. Appellant and respondent shall furnish copies of papers in complete form to each other, and shall be entitled to submit replies to these original articles. In appeals to the convention, the same procedure shall be followed."
"Article XVII. — Amendments.
"Section 1. Amendments to this constitution shall be submitted to the convention of the International Union, and such amendments as are favorably acted upon by said convention shall be referred to subordinate unions, and by the subordinate unions to the membership at large. Subordinate unions shall then discuss the proposed amendments, and at a date which shall be designated by the executive council, but which must be within three months from the adjournment of the convention, the proposed amendments shall be voted upon by the members of subordinate...
